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(영문) 수원지방법원 2018.09.06 2018구합64246
주민자치위원선정처분 무효확인등
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On July 1, 2015, the Plaintiff was commissioned as a resident self-governing committee member of Ansan-gu, Bupyeong-gu, Busan-si.

On July 13, 2015, the Plaintiff was elected as the Chairperson of the Residents' Self-Governing Council on December 28, 2015 from a special election for the Chairperson of the Residents' Self-Governing Council, who resigned on July 13, 2015. On June 30, 2017, the Plaintiff expired the term of office of

The plaintiff asserts that the term of office as the chairperson of the residents' self-governing council is until December 28, 2017. However, according to Articles 15(3) and 16 of the Regulations on the Operational Rules of Ansan-si Residents' Self-governing Council, the term of office of the executive officers of the committee elected by substitute shall be the remainder of the term of office of his/her predecessor. The plaintiff becomes the chairperson of the residents' self-governing council because the chairperson of the D residents' self-governing council resigns on July 13, 2015. Thus, the term of office of the chairperson of the plaintiff's self-governing council is until June 30, 2017.

B. On May 22, 2017, the Defendant publicly announced open recruitment of the members of the B Residential Self-Governing Council pursuant to Article 17(2) of the Ordinance on the Establishment and Operation of the B Residential Self-Governing Council in Ansan-si (hereinafter “Ordinance”), and 14 persons in total applied for membership of the resident self-governing Council.

C. On June 12, 2017, the Defendant was commissioned as follows to organize the Selection Committee for Residents' Autonomous Council Members (hereinafter referred to as the "Selection Committee") pursuant to Article 17 of the Enforcement Rule of the Ordinance, in order to select residents' autonomous council members:

The chairperson of the 15 B Dong with no name-based experience and 5 I B voluntary crime prevention ledger of the president of the 15 B Dong 2 F B Saemaul Women's Representative Organization and the president of the 3 G B head of the Tong 4 H B sports association.

D. On June 8, 2017, the Defendant confirmed the place of residence and place of business of the candidates for the residents' autonomous council members through the examination of documents, etc., and publicly announced the results and interview schedule of the first document examination that the selection committee members are scheduled to conduct an interview according to the following selection criteria on June 14, 2017.

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